Incidents of abuse, neglect, mistreatment, and domestic violence are unfortunately very common in American households. Millions of families and the children are impacted by violence each year. While physical mistreatment is usually obvious, emotional abuse is not. It is important to report any concerns that your child has been emotionally abused by the other parent to your divorce lawyer in Fairfax, VA during a child custody battle. Your attorney can offer insight as you gather evidence and bring this information to light in court. 

What Emotional Abuse Looks Like

Abuse at an emotional level can come in various forms, such as belittling the child, threatening them, insulting, making fun of, or being completely indifferent to them. Emotional abuse can occur on its own or in conjunction with neglect, sexual abuse, and/or physical abuse. A child may also experience emotional deprivation if the parent doesn’t make them feel secure, worthy, wanted, or loved. Signs of emotional abuse can manifest either immediately after an incident of mistreatment, or after the abuse has gone on for many years.

If you aren’t sure whether your child has endured emotional abuse from the other parent, your attorney can provide more information on signs to watch out for. You may also want to get your child an evaluation from a licensed therapist and use this as evidence if the therapist believes abuse has occurred.

Examples of incidents that may be deemed emotional abuse include:

• A father who has a drug and/or alcohol problem and makes hurtful remarks to children when under the influence. 
• A mother who is always at work or focused on job tasks even when at home, to where the children feel as though their parent doesn’t care about them.
• The child witnesses incidents of domestic violence between their parents or others who live in the home. 
• A parent makes statements about how they wish their child was never born. 
• A parent makes fun of their child for struggling with reading, math, or other school subjects. 

How The Court May Respond to Accusations

If you report your concerns about emotional abuse to the court, they will request evidence and then perform an investigation of the claims. As your attorney may tell you, the family court judge is not likely to take these accusations lightly, and will see to it that your child is protected if needed. But, this means that you will have to present solid evidence about mistreatment that has happened during your marriage.

Depending on the nature of the emotional abuse, the court may determine that the other parent isn’t fit to have custody of your child. The court may necessitate that the abusive parent has a court-appointed social worker present during any visits, to ensure the safety of the child. Or, the court may affirm that the parent should not be permitted visitation of their child at all.

The family court judge may order the abusive parent to attend therapy, enroll in anger management classes, or complete a rehabilitation program. And only after the parent has shown significant improvements to their behavior may they eventually be allowed to visit their child without another person present. 

Thanks to May Law, LLP for their insight into family law and emotional abuse.

Personal Injury Attorney

You may be someone who has planned out their life very carefully. During your marriage, you may have updated your estate plan to include your spouse. You may have made choices about who you want as guardians of your children if anything were to happen before they are legally adults. You may have worked closely with your spouse to make key decisions in regards to health, life, assets, beneficiaries, and so much more. And now that you are divorcing from this spouse, you will have to go back through that same process without them.

You may be wondering what to do with your estate plan now, and whether you need an attorney to make certain edits. It is highly advised that you receive guidance from an estate planning lawyer in Arlington, TX so that you can consider your state laws and other variables that may impact your estate plan.

Hire An Attorney To Work With You During This Time
An attorney can review your divorce settlement and your current estate plan documents, then make recommendations for what changes to make. Your attorney can answer any legal questions you have during this time, along with always watching out for your best interests. An attorney that is knowledgeable on estate planning specifically will be able to inform you about the laws for your state, and whether you can make edits to your estate plan now or have to wait until the divorce is finalized.

Familiarize Yourself with Documents That You Need To Change Now

With help from your attorney, you can review documents such as a power of attorney, health care proxy, will, trust, insurance policies, 401k, and more. Any trusts that you and your spouse may have created together need to be revisited as well (such as s trust for a special needs family member). For example, if you listed your ex as power of attorney for medical decisions, then they may be responsible for making choices in regards to your well being in the event you become incapacitated, fall into a coma, or are put on life support.

Your attorney can also talk to you about disinheriting your spouse if you so wish. However, if you completely remove them from your estate plan, there may be a chance that they could contest the will and request a portion of your assets later on. Whether this is possible does depend on your state law. 

Think About Creating a Trust for Child Support and Alimony

If during the divorce settlement, it looks like you are going to have to pay for child support and alimony, then you may want to create a trust for these purposes. As the trust creator, you will be responsible for funding this trust and making payments based on provisions. This can be a straightforward way of setting up recurring payments to your ex for child support and alimony without it interrupting your other finances. Furthermore, if your ex is concerned about not getting payments on-time then this can be a way to not run the risk of accidentally skipping a payment. 

Thanks to Brandy Austin Law Firm, PLLC for their insight into estate planning and divorce.

Commercial trucks pose a danger on the roadways when safety is held as a priority. When it comes to truck safety, there are some myths that people have. Here are some of those truck safety myths debunked.

Truckers Need Less Sleep

It might seem outlandish to suggest that truckers need less sleep than others, but this is a common defense. Some claim that truckers need less sleep because they are used to working on little sleep. The truth is that anyone who drives drowsy could end up in an accident. You cannot control how your body behaves when drowsy. Your focus and concentration are at risk, not to mention you have worse reaction time. In fact, drowsy drivers, even truckers have the equivalent of a blood alcohol of .18 percent after being awake for 18 hours or more.

Truckers Can Handle Bad Weather

It is true that skill does come into play when it comes to safe driving in dangerous weather. The myth, however, states that truckers can drive as quickly as they need to in bad weather because they are more experienced behind the wheel. This is not the case. Wet or snowy conditions are still dangerous for truckers. A trucker has to slow down his or her vehicle the same way that any passenger vehicle does in poor weather.

Truckers Don’t Have to Check Blind Spots

Many people believe that it is on the other driver to ensure that he or she is not in a trucker’s blind spot. While it is beneficial to know a truck’s blind spots, most drivers are not aware of how much visibility a trucker has. The trucker has to check blind spots regularly, particularly before making any lane changes. It is up to the trucker to ensure that he or she does not cause any catastrophes on the road.

Truckers Are Not Regulated

If you aren’t a commercial driver, then you may not know how many federal regulations there are regarding truckers. They have to abide by a strict code of conduct. They must abide by regulations on how long they can drive and how many breaks that they have to take. Now, it is true that some truckers ignore the rules, but if found out, they would be held accountable for it.

When it comes to trucking accidents, they can be more devastating than other passenger accidents. If you were recently in an accident, consult with a truck accident lawyer in Roanoke, VA as soon as possible.

Thanks to MartinWren, P.C. for their insight into personal injury claims and truck safety myths.

Did you lose a loved one because of someone else’s negligence? If you did, this is an extremely trying time in your life. If you lost someone, however, you may be able to file a wrongful death action to collect damages. If you are considering a lawsuit, there are a few steps to the process. If you want a seamless process, the best chance you have is to speak with a wrongful death attorney, like a wrongful death attorney in Lakeland, FL. Here is what you need to know about filing a wrongful death action.

Collect Evidence of Negligence

Before you begin to file a lawsuit, you have to be able to prove that there was a wrongful death. This means that you need to have evidence that proves that the defendant owes you or your loved one because he or she caused the death through negligence or an intentional act. If someone had a duty of care and breached it, then you may have a claim.

Collect and File Documents

If you plan to pursue the case, then you need to submit all of the appropriate paperwork. You have to submit the notice and a complaint. Your lawyer can help you figure out all of the documents that you need. In addition, he or she can assist you with filing the right documents before the deadline is complete.

Collect the Reward

The damages that you can collect may involve burial costs, pain and suffering, loss of inheritance, loss of companionship, and medical bills. How you receive the damages will depend on the specifics of the case. In the majority of cases, you will settle outside of court and do not even have to go to court. However, you have to be prepared just in case you do have to go to trial. Your lawyer will prepare you for the off chance that you have to prove your case in front of a judge.

Often, you’ll be offered a settlement and it is up to you to decide whether to accept it or to continue to negotiate. Your lawyer will help you decide whether it’s a good idea to accept a settlement or to fight it further.

Speak with an Attorney

If you are thinking about filing a wrongful death suit, you should not go forward with it on your own. In order to win the damages and compensation that you deserve, you need to have all of your documents in order. You must be able to prove loss and negligence. To navigate your wrongful death action, consult with a wrongful death lawyer.
Thanks to David & Philpot, PL for their insight into what happens when you file a wrongful death action.

To establish a negligence cause of action, the plaintiff must prove the defendant had a duty to act like a reasonable and ordinary  person, the defendant breached that duty by acting below a reasonable standard of care, the defendant was the actual and proximate cause of the plaintiff’s injuries, and the plaintiff suffered damages as a result of the defendant’s negligence.

Damages are often the most important element of a negligence action because it is the compensation a plaintiff will receive to compensate him or her for her injuries. Some plaintiffs are able to seek treatment for their injuries and recover. Unfortunately, other plaintiffs are never the same after a personal injury incident and damages are the closest a plaintiff will get to becoming “whole” again. 

Types of Damages

Damages require proof of harm in order to be compensated. In a typical car accident case, damages are shown by gathering a plaintiff’s medical records and bills and providing them to an expert witness. An expert is someone who specializes in various areas of a personal injury case and are used for various reasons. When it comes to damages, a plaintiff will typically benefit from a comprehensive medical expert and an economist. The medical expert will summarize a plaintiff’s medical records and bills and provide a list of future damages a plaintiff may need depending on his or her medical history, injuries as a result of the car accident, treatment received, and what remains to be done. The expert will then provide a number for plaintiff’s future medical expenses. An economist is used to discount the future medical number into present value to avoid excess judgments. This future number is then combined with a plaintiff’s past medical expenses and other damage values to provide the plaintiff with a total amount of damages. However, it is ultimately a jury’s decision based on the evidence presented on how much they will compensate a plaintiff for his or her injuries. 

A plaintiff is typically awarded economic and noneconomic damages. Economic damages consist of medical expenses, lost wages, loss of earning capacity, and property damage. Noneconomic damages consist of pain suffering, emotional distress, and loss of enjoyment of life. Together, these damages comprise a plaintiff’s compensatory damages.

Punitive damages are designed to punish a defendant for engaging in the type of behavior that harmed the plaintiff. They are not always available in negligent personal injury cases. However, if a defendant’s actions are reckless, malicious, or wanton and willful, a plaintiff can bring a punitive damage claim. A defendant’s knowledge of the negligent activity without doing anything to stop or change it is usually sufficient to bring a punitive damage claim. 

Damages and the Collateral Source Rule 

The collateral source rule prevents a defendant from introducing at trial certain sources that may have reduced a plaintiff’s damages. Examples are health insurance, liens, or sick pay from an employer. Defendants often attempt to introduce these collateral sources because health insurance will offset a plaintiff’s bills at times, or a lien provider may reduce the total amount a plaintiff owes. However, these sources are unreliable because a plaintiff can never predict if or how much his or her medical bill will be reduced, if at all. 

How an Attorney Can Help

Damages can be difficult and complex to prove at trial. It is important that your damages are accurately worked up during the discovery phase of your case to ensure fair compensation at the end of you care. An experienced defective product lawyer in Las Vegas, NV can make certain your damages are ready to prove at trial and you are made whole as a result of a defendant’s negligence. 

Thanks to Eglet Adams for their insight into personal injury claims and damages.  

Debts can come in a variety of shapes and sizes. When you file for bankruptcy, you probably have already had calls from collections agencies. For many people, collection agency calls can start to feel like harassment. If you receive calls from a law firm, you may start to wonder if that is appropriate. Can law firms serve as their own debt collectors?

Legal Regulations for Debt Collection

A law firm can serve as its own debt collection agency. Now, this does not mean that the law firm can follow its own rules. There are federal and state laws in place to protect people from creditors. The law firm has to send a collection letter. This letter must state the debt clearly and explain that they are acting as the debt collector.

These rules are in place to keep collections agencies from posing as lawyers to scare consumers. Sometimes, a collection agency may use a lawyer’s letterhead to frighten a consumer. Then, when the consumer looks into it, he or she discovers that there are no attorneys assigned to the case. No one can pretend to be an attorney to contact a consumer.

An attorney, however, can be involved in the collections. He or she may be assisting a creditor in collecting a debt or he or she may be collecting debt for him or herself. The letter you receive should never be confusing. If you find it confusing or believe that it may be breaking regulation, you can always have a lawyer look at the letter.

Bankruptcy Rules for Debt Collection

Lawyers have to follow the same rules during a bankruptcy. In bankruptcy, after you file, the collections agencies are no longer allowed to harass you. The same goes for the law firm. While you are going through the bankruptcy process, you do not need to make any payments and you do not have to deal with harassing phone calls or letters. Attorneys may collect debts on their own behalf, but this does not mean that the normal rules for debt collection do not apply to them.

Law firms are allowed to communicate with you in an attempt to collect a debt. If you file for bankruptcy, however, those letters and calls should cease immediately. Law firms have to abide by the same rules as any creditor. If you receive collection letters from attorneys regarding any past debts, contact a debt collection lawyer in Tampa, FL for a consultation. He or she can help you understand what a law firm can and cannot do.

Thanks to The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy law and debt collections.

Filing for a Reduction in Spousal Support

When marriage ends because one or both spouses believe it is the right decision, it isn’t uncommon for one to have to pay spousal support to the other. In the settlement agreement it will be decided which spouse pays support, how much, in what method, and for what duration of time. The order may also list reasons as to why spousal support can be modified. It is important to thoroughly read over your divorce settlement, as some agreements state that spousal support cannot be changed or cancelled no matter what.

Negotiating with a Divorcing Spouse

If you and your spouse haven’t settled the topic of spousal support yet, you can try to reach an agreement amongst yourselves without court intervention. Going to court can be expensive, but may be necessary. Many divorcing spouses try mediation first, especially if they are motivated to avoid attending court. If you can create your own terms for spousal support, then you can send this to the court for final approval. It isn’t uncommon for each spouse to have obtained legal representation by this time, so an attorney can review the agreement before it is approved in court, to ensure all parties rights are being considered. 

Showing a Change in Life Circumstances

If the divorce settlement document doesn’t list when or if spousal support can be modified, then the paying or recipient spouse is permitted to file a request to the court. If the spouse paying spousal support cannot afford to meet these payments, then they can request the judge decreases the amount or puts it on hold temporarily. But, in order to be successful, the spouse has to show why they have had a change in life circumstances to necessitate modification.

To convince the court, the paying spouse has to demonstrate their predicament through evidence. Your divorce lawyer in Fairfax, VA can help you prepare for a court hearing by letting you know what kind of proof will be most influential in the courtroom. Some of the most common reasons for the paying spouse requesting a decrease in spousal support payments include: 

• A disability or illness prevents them from working
• They have been diagnosed with a severe illness or disability
• The recipient spouse has remarried or begun cohabitating with a partner
• There has been a drastic increase in the recipient spouse’s income

The Life Event Must Be Significant

Before pursuing a request in spousal support modification, the paying spouse must seriously consider whether it is needed. The judge is likely to become impatient with a spouse who continues to request modification for one reason or another. Eventually, the spouse’s requests may be denied altogether, and then they are faced with fulfilling the terms of the divorce settlement regarding spousal support or they will endure serious consequences.

Once a motion has been filed to modify spousal support, the court may permit each spouse to go through a “discovery phase”, which is where they are required to share financial information including tax returns, paystubs, bonuses, and other related documents. 

Thanks to May Law, LLP for their insight into family law and spousal support reductions.

According to Week 25 News, the family of a woman who died in a motorcycle accident is filing a wrongful death claim in connection with the crash.

Fifty-nine-year-old Cheryl Zeglen was riding her motorcycle with friends and her husband in Bureau County, Illinois, when the group encountered a lot of grass clippings in the road. The debris on the road caused her husband, Thomas Zeglen, to lose control of his bike and suddenly slow down. When he dropped down in speed, his wife, Cheryl, crashed right into him. She was rushed to an area hospital but died from her injuries two days later.

After Cheryl Zeglen’s death, her husband and friends and family gathered together at a local Harley-Davidson dealership, remembering her as someone who enjoyed jokes, was devoted to her family and was dedicated to raising money for St. Jude. Zeglen was a regular rider in the annual “St. Jude Peoria to Memphis Ride” fundraising event, which raised just over $920,000 for the children’s hospital last year alone.

Now, in the aftermath of her tragic death, Zeglen’s family and friends are also trying to get people to understand just how dangerous grass on the road can be for bikes, as this case illustrated. Stann Weibler, who also took part in the same St. Jude event, said that there is not a lot of difference between grass on the road for a motorcyclist in the summer and a sheet of ice on the road for a motor vehicle operator in the winter.

Her husband is taking the matter even further, saying that something more than a $50 fine for dropping grass clippings on the road needs to be done. He reached out to Mike Unes, a State Representative, to see if there can be stronger penalties for leaving grass clippings on the road. The proposed legislation, now being called “Cheryl’s Law,” would greatly increase the current penalties for leaving lawn clippings on the road under the Litter Control Act if the clippings resulted in death or serious injury to anyone on or operating a motorcycle on an Illinois roadway. According to the family’s attorney, the Zeglens will continue to push for this proposal to become law in Cheryl’s honor and to prevent something like this from happening to another motorcyclist.

The Zeglen family recently filed a wrongful death claim against Jay Pankey, the person who was mowing his grass clippings into the road where Cheryl Zeglen had her accident. Pankey was initially ticketed for mowing his grass right into the road, and he was also found guilty in a bench trial–a trial with a judge deciding instead of a jury–of violating the state’s Litter Control Act.

The simple negligence of pushing grass clippings into the road instead of cleaning them up properly ended up taking someone’s life. If you have lost a person you cared about because someone else did something improper or failed to take necessary precautions, you can discuss what happened with a wrongful death lawyer in Denver, CO today.

Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and wrongful death.

Utility workers provide an important role in society by ensuring households and companies have electricity, gas, and water. Although vital to our day to day functioning, these workers tend to be overlooked by the general public and even discriminated against for being blue collar workers. Sadly, it is this inattention that makes these workers more at risk for injuries. 

When a worker suffers from an injury, they may have the ability to recover workers’ compensation benefits. If you are a utility worker who has been injured on the job, call a skilled workers’ compensation lawyer, like a NY workers’ compensation lawyer today. 

Potential Hazards in the Utility Industry

There are many hazards faced by utility workers throughout the U.S. Electrical workers, for example, have very dangerous jobs. They risk electrocution or shock every time they install, update, or repair electricity lines. They are also at risk for falling from poles or work baskets. 

Gas company employees face constant danger of being exposed to harmful gases or explosions. Water workers also face imminent dangers of slip and falls, falling objects, and more. As dangerous as these things might be, they are actually not the most common. A workers’ compensation lawyer knows that most cases involve at least one of the following:

Slipping, Tripping, or Falling
Utility workers are rarely in one place on any given day. They may visit a homeowners house, a power station, and then a roadside curb in a single workday. These areas can present various hazards, such as:

• Falling into a hole
• Tripping on an object
• Sleeping on uneven terrain
• Slipping on ice during the winter

An incident such as the aforementioned, or otherwise, can result in broken bones, internal bleeding, muscle strains, or head injuries. 

Vehicular Accident
As mentioned, utility workers are required to drive to various job sites every day. The risk of being involved in an accident, despite driving in a vehicle that is considered to be highly visible, can put them at risk. Furthermore, workers working on the road face an increased risk of being hit by another driver. 

Ladder Falls
Utility workers often use ladders. While the equipment they are using should be safe and the workers should be trained to use it, falls can happen. Even a fall from a 5 or 6 foot ladder could cause bad injuries. 

Soft Tissue Injuries
Utility workers often engage in repetitive movements that could strain the body’s tissue and cause injury to cartilage, tendons, ligaments, muscles, and joints. Lifting, twisting, working overhead, bending, heat and cold temperature, and so forth can be contributors to long term soft tissue damage. Sometimes, workers are completely prevented from remaining in their occupation. 

If you were injured, it may be possible to recover workers’ compensation benefits. While you can do this on your own, it is not recommended to do so, especially if your case is anything but atypical or standard. If you are unsure whether or not you need a lawyer, call a workers’ compensation lawyer for a case review. 
Thanks to Polsky, Shouldice, & Rosen, P.C. for their insight into potential hazards that utility workers might face.

Getting a traffic ticket is frustrating enough, but receiving one while visiting a different state is on another level. If you are like most people, you do not have a good understanding of what happens when you receive a ticket in a different state. Does it affect your insurance rates and license? Can you handle the ticket from your home state? This guide will address these questions and provide the answers you need.

Insurance Rates

Unfortunately, there is essentially no way to prevent your insurance company from finding out about a ticket. Even if the ticket was issued in a different state, chances are extremely high that the insurance company will find out about it. This does not necessarily mean your rates will increase, however. Some policies do not raise rates after just one ticket.

License Points

Chances are good that your ticket will put points on your license as normal as well. If your license receives too many points, you will lose it. Although most of the time, you can attend traffic school to prevent your license from receiving any points. Receiving a ticket in a different state does not change this process at all. This is because most states have signed an agreement that states they share ticket information between them. There are a small number of states that have not signed this agreement:

• Georgia
• Massachusetts
• Michigan
• Tennessee
• Wisconsin

If you live in one of these states and receive a ticket elsewhere, your license will not receive any points. Likewise, if you receive a ticket in one of these states, but live elsewhere, you will not receive any points.

Handling the Ticket

Most of the time, you are not required to appear in court for a traffic ticket. If this is the case, you can pay the fine remotely. If you are required to appear in court, or if you choose to contest the ticket, you have to travel back to the issuing state to appear in court. You cannot appear in your local court to resolve the ticket.

You can request that the ticket be transferred to your local court. Unfortunately, these requests are almost never granted. There has to be a very good reason why you cannot travel back to the state that issued the ticket to appear in court. Some states allow you to admit guilt remotely, which would allow you to simply pay the fine rather than appear in court. If you have any other questions, speak with a speeding ticket lawyer in Abingdon, VA.

Thanks to The Law Offices of Mark T. Hurt for their insight into traffic law and tickets from a different state.